HB 1469 2003
   
1 A bill to be entitled
2          An act relating to public lodging and food service
3    establishments; amending s. 509.013, F.S.; defining the
4    term "handbill"; creating s. 509.144, F.S.; prohibiting
5    the distribution of handbills on the premises of public
6    lodging or food service establishments; providing
7    penalties; providing an exception; providing an effective
8    date.
9         
10          Be It Enacted by the Legislature of the State of Florida:
11         
12          Section 1. Subsection (13) is added to section 509.013,
13    Florida Statutes, to read:
14          509.013 Definitions.--As used in this chapter, the term:
15          (13) "Handbill" means any flier, pamphlet, or other
16    written material that seeks to advertise, promote, or inform
17    persons about an individual, business, company, or food service
18    establishment.
19          Section 2. Section 509.144, Florida Statutes, is created
20    to read:
21          509.144 Handbill distribution on premises of public
22    lodging or food service establishments prohibited.--
23          (1) It is unlawful for any individual, agent, contractor,
24    or volunteer who is acting on behalf of any individual,
25    business, company, or food service establishment to deliver,
26    distribute, or place, or attempt to deliver, distribute, or
27    place, any handbill on or about the premises, including on any
28    vehicle on the premises, of any public lodging or food service
29    establishment whereupon it is posted in a reasonably conspicuous
30    manner that advertising or solicitation is prohibited on or
31    about the premises of the public lodging or food service
32    establishment.
33          (2) It is unlawful for any person to direct any
34    individual, agent, contractor, or volunteer to deliver,
35    distribute, or place, or attempt to deliver, distribute, or
36    place, a handbill on or about the premises, including on any
37    vehicle on the premises, of any public lodging or food service
38    establishment whereupon it is posted in a reasonably conspicuous
39    manner that advertising or solicitation is prohibited on or
40    about the premises of the public lodging or food service
41    establishment.
42          (3) Any person who violates this section commits a
43    misdemeanor of the first degree, punishable as provided in s.
44    775.082 or s. 775.083.
45          (4) Any person who violates this section and who also
46    commits a battery, as defined under s. 784.03(1)(a), on any
47    person who is on the premises of the public lodging or food
48    service establishment while in violation of this section,
49    commits a felony of the third degree, punishable as provided in
50    s. 775.082, s. 775.083, or s. 775.084.
51         
52          This section does not apply to handbill distribution that is
53    conducted on a premises that is actually owned or operated by
54    the individual, business, company, or food service establishment
55    that is the subject of the advertisement, promotion, or
56    information on the handbill.
57          Section 3. This act shall take effect October 1, 2003.